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Abilify Lawsuits

Hundreds of people say taking the antipsychotic Abilify made them compulsive. They claim the medication created compulsive behaviors, including gambling, eating, sex and spending. They have filed lawsuits against Bristol-Myers Squibb and Otsuka Pharmaceutical Co. saying they weren’t adequately warned. More than 1,600 pending Abilify lawsuits may end in a settlement soon.

Did you suffer from compulsive behaviors after taking Abilify?

If you or a loved one suffered from adverse events like compulsive behaviors after Abilify use, you may be eligible for compensation.

Abilify
Abilify Lawsuit Facts
  1. Injuries Compulsive behaviors, involuntary movement and suicidal thoughts
  2. Manufacturer/Defendants Otsuka Pharmaceutical Co.; Bristol-Myers Squibb Company
  3. Top Settlement $515 million to resolve federal charges
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*UPDATE: A September 2018 deadline to create a framework for a global Abilify settlement passed without an announcement from either side. The court is still moving forward with plans for a second round of bellwether trials. Attorneys on both sides are narrowing a list of potential test cases to 10 candidates by December 2018.

Abilify is a drug used to treat psychological conditions, including schizophrenia and mania. But for some people, the medication causes other psychological problems. This can ruin lives.

Hundreds of people have filed Abilify lawsuits. They say Abilify caused them to compulsively gamble, spend money or eat. Lawsuits accuse the drug’s makers of failing to warn patients and doctors that Abilify can cause these and other compulsive behaviors.

Other compulsive behaviors covered in the lawsuits include suicide attempts and thoughts, as well as compulsively viewing pornography and playing video games.

Abilify lawsuits also blame the drug for tardive dyskinesia. This condition causes involuntary movements.

Status of Abilify Lawsuits

As of September 2018, a total of 1,675 Abilify lawsuits were pending in federal court, according to the U.S. Judicial Panel on Multidistrict Litigation. Those cases are organized into multidistrict litigation.

Multidistrict litigation (MDL) is the method federal courts use to manage large numbers of lawsuits involving the same issues and defendants. A judge in the Northern District of Florida is presiding over the Abilify MDL.

On May 2, 2018, Chief U.S. District Judge M. Casey Rodgers ordered the parties in the Abilify MDL to finalize a framework for a global Abilify settlement. Attorneys representing both sides were given until Sept. 1, 2018, to hammer out the details. The deadline passed without an announcement from either side.

At the same time, the court had continued moving forward with plans for bellwether trials. Attorneys were told to have a list of 10 potential cases for the court to consider by December 2018.

Abilify lawyers continue to accept new cases of people who experienced compulsive behaviors, suicidal thoughts or involuntary movements.

Abilify Lawsuits in Other Courts

Bristol-Myers Squibb Company and Otsuka Pharmaceutical Co. are the two companies responsible for Abilify. Bristol-Myers Squibb says in Securities and Exchange Commission filings that the companies are facing Abilify lawsuits in various state courts, as well as in Canada.

In May 2018, the New Jersey Supreme Court agreed to consolidate 42 Abilify lawsuits into multicounty litigation. Multicounty litigation is New Jersey state court’s version of an MDL.

In August 2018, 17 plaintiffs filed lawsuits in the Philadelphia Court of Common Pleas. Lawsuits claim Abilify caused compulsive gambling, shopping, sex and binge eating.

Abilify Tardive Dyskinesia Lawsuit

On July 5, 2018, a federal judge in West Virginia ruled against a man who sued Bristol-Myers Squibb. That lawsuit said Donald W. Proffitt Jr. developed tardive dyskinesia as a result of taking Abilify.

Tardive dyskinesia is a condition of the nervous system in which the sufferer is afflicted with involuntary movements. It typically involves facial tics, jaw clenching and clucking, and eye blinking.

Senior U.S. District Judge David A. Faber noted in his opinion and order that Abilify labels carried detailed warnings about tardive dyskinesia.

Why People File Abilify Lawsuits

Playing cards, Casino chips
Abilify use has been linked to compulsive gambling.

People who say they suffer from life-altering Abilify side effects file lawsuits to recover expenses. They say the drug caused them to engage in compulsive behaviors.

For example, compulsive gamblers file Abilify gambling lawsuits seeking reimbursement for their losses. Compulsive eaters may seek compensation for medical costs, including weight-loss surgery. People who engaged in hypersexual activity may seek compensation for their financial and emotional costs from a divorce, for example.

The main goal of these lawsuits is to restore the injured person’s quality of life as much as possible.

Injuries Covered in Abilify Lawsuits

You may be eligible for compensation through a lawsuit if you or your loved one used Abilify and experienced harmful compulsive behaviors that resulted in financial, mental and physical damages.

You may be more likely to recover money from Abilify’s makers if you have proof of losing at least $10,000 to compulsive gambling or compulsive spending, or proof of excess weight gain from compulsive eating.

Abilify lawyers are also accepting cases on behalf of people who took Abilify and experienced involuntary movements or suicidal thoughts.

Abilify Injuries You Can Sue For
  • Compulsive or pathological gambling
  • Hypersexuality
  • Compulsive spending
  • Compulsive or binge eating
  • Urges to steal or shoplift
  • Involuntary movements
  • Suicidal thoughts
Suffer from compulsive behavior after taking Abilify? Review My Case For Free

How to File an Abilify Lawsuit

The best way to go about filing an Abilify lawsuit is to talk to a qualified Abilify lawyer. Most experienced Abilify lawyers will represent clients at no charge until a settlement or jury verdict is won.

Statute of Limitations

If you think you want to file an Abilify lawsuit, it is important to start the process as soon as possible. This is because statutes of limitations restrict how long after an event you can file a lawsuit.

The time limit to file varies from state to state but is usually a year or two. But sometimes the limits can be affected by other factors.

It’s best to consult with a qualified Abilify attorney to determine if your claim is within the statute of limitations for your state.

Accusations in Abilify Lawsuits

Lawsuits say Bristol-Myers Squibb and Otsuka knew or should have known that Abilify carries an increased risk of uncontrollable compulsive behaviors, such as compulsive gambling.

The companies are accused of designing and manufacturing a defective drug as well as failing to warn patients or doctors about the risk of compulsive behaviors.

Abilify Lawsuit Accusation
The Abilify label failed for years to warn of the dangers of compulsive behaviors.

According to lawsuits, the drug’s U.S. label made no mention of pathological gambling or compulsive behaviors for about 14 years. Yet, Abilify’s labeling in Europe and Canada warned about the risk of pathological gambling.

In January 2016, the companies added “pathological gambling” to the Postmarketing Experience section of the U.S. label. However, they made no mention of gambling or compulsive behaviors in the patient medication guide. This is the source of information most likely viewed by doctors and patients.

Lawsuits also blame the company for not warning of the risk of involuntary movements.

Abilify Lawsuit Settlement Amounts

The Abilify MDL judge gave lawyers until Sept. 1, 2018, to outline an Abilify settlement. However, no global settlement had been announced as of Sept. 24, 2018.

The judge’s May 2018 order came a few days after the sides settled three Abilify lawsuits that had been scheduled to go to trial. Those three cases were to serve as bellwethers.

Bellwether trials are the first trials in MDLs. They are selected to be representative.

$515 Million Federal Abilify Lawsuit Settlement

In 2007, Bristol-Myers Squibb paid more than $515 million to settle allegations that it illegally marketed Abilify.

The U.S. Department of Justice accused Bristol-Myers Squibb of promoting Abilify for pediatric use and to treat dementia-related psychosis. Neither of these uses was FDA-approved.

The settlement included more than $25 million in profits made from marketing Abilify for the unapproved uses.

The Justice Department joined seven whistleblower lawsuits. The whistleblowers who filed the complaints were to receive about $50 million of the settlement.

$19.5 Million States Abilify Lawsuit Settlement

In December 2016, Bristol-Myers Squibb agreed to pay a $19.5 million settlement to 43 states and the District of Columbia.

State governments claimed the company engaged in unfair or deceptive trade practices when marketing Abilify. The case involved the same practices alleged in the 2007 federal suit.

Abilify Class Action Lawsuit

There is no known Abilify class action lawsuit in the U.S.

Hundreds of Canadians filed an Abilify class action lawsuit in 2017.

Class actions are usually difficult to file in the U.S. because the courts and legislatures have placed restrictions on them. Class actions are lawsuits in which one case is filed on behalf of a large number of people who have similar claims in common.

Instead of class actions, large groups of U.S. plaintiffs usually file individual lawsuits. When enough of these lawsuits are filed, the courts often organize them so a single judge can issue pretrial rulings that apply to all cases. This allows for efficiency.

In federal court, this method of organizing cases is referred to as multidistrict litigation.

Please seek the advice of a medical professional before making health care decisions.

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17 Cited Research Articles

  1. O’Sullivan, J. (2018, May 10). NJ Justices OK Centralizing Abilify Side-Effect Suits. Retrieved from https://www.law360.com/articles/1042434/nj-justices-ok-centralizing-abilify-side-effect-suits
  2. U.S. Securities and Exchange Commission. (2018, April 26). Bristol-Myers Squibb Company. Form 10Q. Retrieved from http://d18rn0p25nwr6d.cloudfront.net/CIK-0000014272/7e8fa63d-f293-4f50-a6a0-c73b52cdeaf1.pdf
  3. U.S. Department of Justice. (2001, September 28). Bristol-Myers Squibb to Pay More Than $515 Million to Resolve Allegations of Illegal Drug Marketing and Pricing. Retrieved from https://www.justice.gov/archive/opa/pr/2007/September/07_civ_782.html
  4. U.S. District Court for the Southern District of West Virginia at Bluefield. (2018, July 5). Donald W. Proffitt Jr., et al, vs. Bristol-Myers Squibb Company, et al. Case 1:17-cv-04391. Document 26. Memorandum Opinion and Order. Retrieved from http://www.pacer.gov
  5. In re: Abilify (aripiprazole) products liability litigation. (2016, December 2). Master Complaint. Case 3:16-MD-02734-MCR-GRJ. U.S. District Court, Northern District of Florida. Retrieved from  http://www.flnd.uscourts.gov/sites/default/files/Abilify%20Master%20Complaint.pdf
  6. FDA Drug Safety Communication: FDA warns about new impulse-control problems associated with mental health drug aripiprazole (Abilify, Abilify Maintena, Aristada). (2016, May 3). U.S. Food and Drug Administration. Retrieved from  https://www.fda.gov/Drugs/DrugSafety/ucm498662.htm
  7. In re: Abilify (aripiprazole) products liability litigation MDL No. 2734 Transfer Order. (2016, October 3). United States Judicial Panel on Multidistrict Litigation. Retrieved from  http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2734-Initial_Transfer-09-16.pdf
  8. Abilify Products Liability Litigation - MDL No. 2734. U.S. District Court, Northern District of Florida. Retrieved from  http://www.flnd.uscourts.gov/mdl2734
  9. U.S. District Court Eastern District of California. (2016, April 20). Harper-Mosley v. Bristol-Myers Squibb et al. Retrieved from  http://www.aboutlawsuits.com/wp-content/uploads/2016-04-20-Harper-Mosley-Complaint.pdf
  10. Staton, Tracy. (2016, December 14). Bristol-Myers to pay $19.5 million in Abilify off-label marketing settlement. FiercePharma. Retrieved from  http://www.fiercepharma.com/marketing/bristol-myers-to-pay-19-5-million-abilify-off-label-marketing-settlement
  11. FDA.gov. (2016, May 6). FDA Drug Safety Podcast: FDA warns about new impulse-control problems associated with mental health drug aripiprazole (Abilify, Abilify Maintena, Aristada). Retrieved from  https://www.fda.gov/Drugs/DrugSafety/DrugSafetyPodcasts/ucm499641.htm
  12. The Office of Nevada Attorney General. (2016, December 8). Attorney General Laxalt and 42 states reach $19.5 million settlement with pharmaceutical company for deceptive trade practices related to drug Abilify. Retrieved from  http://ag.nv.gov/News/PR/2016/Attorney_General_Laxalt_and_42_States_Reach_$19_5_Million_Settlement_With_Pharmaceutical_Company_for_Deceptive_Trade_Practices_Related_to_Drug_Abilify/
  13. U.S. Judicial Panel on Multidistrict Litigation. (2018, June 15). MDL Statistics Report - Distribution of Pending MDL Dockets by District. Retrieved from  http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-June-15-2018.pdf
  14. Roebuck, C. (2017, May 9). Calgary woman part of class-action lawsuit against drug maker. Retrieved from https://calgary.ctvnews.ca/calgary-woman-part-of-class-action-lawsuit-against-drug-maker-1.3405645
  15. In re: Abilify (aripiprazole) products liability litigation MDL No. 2734 U.S. District Court Northern District of Florida. (2018, May 2). Global Settlement Order No. 1. Retrieved from http://www.flnd.uscourts.gov/sites/default/files/mdl9234/881%20-%20Global%20Settlement%20Order%20No.%201.pdf
  16. U.S. District Court, Northern District of Florida. (2018, September 4). Abilify Products Liability Litigation – MDL No. 2734; Orders by Date. Retrieved from http://www.flnd.uscourts.gov/mdl2734-orders-by-date
  17. U.S. Judicial Panel on Multidistrict Litigation. (2018, September 17). MDL Statistics Report - Distribution of Pending MDL Dockets by District. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-September-17-2018.pdf
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